SARDAR SINGH Vs. STATE (DELHI ADMN.)

JUDGEMENT

(1.) SARDAR Singh, his wife Saraswati and his brother's wife Savitri were charged under Sections 302/34 and 201/34, Indian Penal Code (IPC) for the murder of one Charanjit. The trial Court convicted Sardar Singh and his wife Saraswati on both the counts and sentenced them to imprisonment for life on the first count and for five years on the second count. Accused Savitri was, however, acquitted by the trial Court. The High Court dismissed the appeal filed by Sardar Singh. Saraswati was acquitted for the charge under sections 302/34, IPC but her conviction and sentence under section 201/34 IPC was maintained by the High Court. These two appeals are by Sardar Singh and Saraswati against the judgment of the High Court.

(2.) SARDAR Singh, appellant and one Tara chand are real brothers. Both of them 'were residing in village Jhatikara. They were living in adjoining houses. Deceased Charanjit was living in a house adjacent to their houses. Charanjit's wife had died about ten years ago and he was living in the house by himself. Deceased Charanjitliad developed illicit relation with Savitri wife of Tara Chand and also with appellant -Saraswati.

(3.) THE entire case of the prosecution is based on circumstantial evidence. The circumstances relied upon by the prosecution are as under: